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1. Take adverse action against a nurse's multistate licensure privilege to 18practice within that party state, subject to all of the following:

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a. Only the home state shall have the power to take adverse action against a 20nurse's license issued by the home state.

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b. For purposes of taking adverse action, the home state licensing board shall 22give the same priority and effect to reported conduct received from a remote state as 23it would if such conduct had occurred within the home state. In so doing, the home 24state shall apply its own state laws to determine appropriate action.

AB500,18,212. Issue cease and desist orders or impose an encumbrance on a nurse's 2authority to practice within that party state.

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3. Complete any pending investigations of a nurse who changes primary state 4of residence during the course of such investigations. The licensing board shall also 5have the authority to take appropriate action and shall promptly report the 6conclusions of such investigations to the administrator of the coordinated licensure 7information system. The administrator of the coordinated licensure information 8system shall promptly notify the new home state of any such actions.

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4. Issue subpoenas for both hearings and investigations that require the 10attendance and testimony of witnesses, as well as, the production of evidence. 11Subpoenas issued by a licensing board in a party state for the attendance and 12testimony of witnesses or the production of evidence from another party state shall 13be enforced in the latter state by any court of competent jurisdiction, according to the 14practice and procedure of that court applicable to subpoenas issued in proceedings 15pending before it. The issuing authority shall pay any witness fees, travel expenses, 16mileage, and other fees required by the service statutes of the state in which the 17witnesses or evidence are located.

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5. Obtain and submit, for each nurse licensure applicant, fingerprint or other 19biometric-based information to the federal bureau of investigation for criminal 20background checks, receive the results of the federal bureau of investigation record 21search on criminal background checks, and use the results in making licensure 22decisions.

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6. If otherwise permitted by state law, recover from the affected nurse the costs 24of investigations and disposition of cases resulting from any adverse action taken 25against that nurse.

AB500,19,317. Take adverse action based on the factual findings of the remote state, 2provided that the licensing board follows its own procedures for taking such adverse 3action.

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(b) If adverse action is taken by the home state against a nurse's multistate 5license, the nurse's multistate licensure privilege to practice in all other party states 6shall be deactivated until all encumbrances have been removed from the multistate 7license. All home state disciplinary orders that impose adverse action against a 8nurse's multistate license shall include a statement that the nurse's multistate 9licensure privilege is deactivated in all party states during the pendency of the order.

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(c) Nothing in this compact shall override a party state's decision that 11participation in an alternative program may be used in lieu of adverse action. The 12home state licensing board shall deactivate the multistate licensure privilege under 13the multistate license of any nurse for the duration of the nurse's participation in an 14alternative program.

AB500,19,2015(6)Article VI — Coordinated licensure information system and exchange of 16information. (a) All party states shall participate in a coordinated licensure 17information system of all licensed registered nurses and licensed 18practical/vocational nurses. This system will include information on the licensure 19and disciplinary history of each nurse, as submitted by party states, to assist in the 20coordination of nurse licensure and enforcement efforts.

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(b) The commission, in consultation with the administrator of the coordinated 22licensure information system, shall formulate necessary and proper procedures for 23the identification, collection, and exchange of information under this compact.

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(c) All licensing boards shall promptly report to the coordinated licensure 25information system any adverse action, any current significant investigative 1information, denials of applications (with the reasons for such denials), and nurse 2participation in alternative programs known to the licensing board regardless of 3whether such participation is deemed nonpublic or confidential under state law.

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(d) Current significant investigative information and participation in 5nonpublic or confidential alternative programs shall be transmitted through the 6coordinated licensure information system only to party state licensing boards.

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(e) Notwithstanding any other provision of law, all party state licensing boards 8contributing information to the coordinated licensure information system may 9designate information that may not be shared with nonparty states or disclosed to 10other entities or individuals without the express permission of the contributing 11state.

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(f) Any personally identifiable information obtained from the coordinated 13licensure information system by a party state licensing board shall not be shared 14with nonparty states or disclosed to other entities or individuals except to the extent 15permitted by the laws of the party state contributing the information.

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(g) Any information contributed to the coordinated licensure information 17system that is subsequently required to be expunged by the laws of the party state 18contributing that information shall also be expunged from the coordinated licensure 19information system.

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(h) The compact administrator of each party state shall furnish a uniform data 21set to the compact administrator of each other party state, which shall include, at a 22minimum, all of the following:

AB500,21,214. Other information that may facilitate the administration of this compact, as 2determined by commission rules.

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(i) The compact administrator of a party state shall provide all investigative 4documents and information requested by another party state.

AB500,21,85(7)Article VII — Establishment of the interstate commission of nurse 6licensure compact administrators. (a) 1. The party states hereby create and 7establish a joint public entity known as the interstate commission of nurse licensure 8compact administrators.

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2. The commission is an instrumentality of the party states.

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3. Venue is proper, and judicial proceedings by or against the commission shall 11be brought solely and exclusively, in a court of competent jurisdiction where the 12principal office of the commission is located. The commission may waive venue and 13jurisdictional defenses to the extent it adopts or consents to participate in alternative 14dispute resolution proceedings.

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4. Nothing in this compact shall be construed to be a waiver of sovereign 16immunity.

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1. Each party state shall have and be limited to one administrator. The head 19of the state licensing board or designee shall be the administrator of this compact for 20each party state. Any administrator may be removed or suspended from office as 21provided by the law of the state from which the administrator is appointed. Any 22vacancy occurring in the commission shall be filled in accordance with the laws of the 23party state in which the vacancy exists.

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2. Each administrator shall be entitled to one vote with regard to the 25promulgation of rules and creation of bylaws and shall otherwise have an 1opportunity to participate in the business and affairs of the commission. An 2administrator shall vote in person or by such other means as provided in the bylaws. 3The bylaws may provide for an administrator's participation in meetings by 4telephone or other means of communication.

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3. The commission shall meet at least once during each calendar year. 6Additional meetings shall be held as set forth in the bylaws or rules of the 7commission.

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4. All meetings shall be open to the public, and public notice of meetings shall 9be given in the same manner as required under the rule-making provisions in sub. 10(8).

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5. The commission may convene in a closed, nonpublic meeting if the 12commission must discuss any of the following:

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a. Noncompliance of a party state with its obligations under this compact.

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b. The employment, compensation, discipline or other personnel matters, 15practices or procedures related to specific employees or other matters related to the 16commission's internal personnel practices and procedures.

AB500,23,21i. Disclosure of information related to any reports prepared by or on behalf of 2the commission for the purpose of investigation of compliance with this compact.

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j. Matters specifically exempted from disclosure by federal or state statute.

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6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the 5commission's legal counsel or designee shall certify that the meeting may be closed 6and shall reference each relevant exempting provision. The commission shall keep 7minutes that fully and clearly describe all matters discussed in a meeting and shall 8provide a full and accurate summary of actions taken, and the reasons therefor, 9including a description of the views expressed. All documents considered in 10connection with an action shall be identified in such minutes. All minutes and 11documents of a closed meeting shall remain under seal, subject to release by a 12majority vote of the commission or order of a court of competent jurisdiction.

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(c) The commission shall, by a majority vote of the administrators, prescribe 14bylaws or rules to govern its conduct as may be necessary or appropriate to carry out 15the purposes and exercise the powers of this compact, including but not limited to any 16of the following:

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a. For the establishment and meetings of other committees; and

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b. Governing any general or specific delegation of any authority or function of 21the commission.

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3. Providing reasonable procedures for calling and conducting meetings of the 23commission, ensuring reasonable advance notice of all meetings, and providing an 24opportunity for attendance of such meetings by interested parties, with enumerated 25exceptions designed to protect the public's interest, the privacy of individuals, and 1proprietary information, including trade secrets. The commission may meet in 2closed session only after a majority of the administrators vote to close a meeting in 3whole or in part. As soon as practicable, the commission must make public a copy 4of the vote to close the meeting revealing the vote of each administrator, with no 5proxy votes allowed.

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4. Establishing the titles, duties, and authority and reasonable procedures for 7the election of the officers of the commission.

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5. Providing reasonable standards and procedures for the establishment of the 9personnel policies and programs of the commission. Notwithstanding any civil 10service or other similar laws of any party state, the bylaws shall exclusively govern 11the personnel policies and programs of the commission.

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6. Providing a mechanism for winding up the operations of the commission and 13the equitable disposition of any surplus funds that may exist after the termination 14of this compact after the payment or reserving of all of its debts and obligations.

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(d) The commission shall publish its bylaws and rules, and any amendments 16thereto, in a convenient form on the website of the commission.

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(e) The commission shall maintain its financial records in accordance with the 18bylaws.

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(f) The commission shall meet and take such actions as are consistent with the 20provisions of this compact and the bylaws.

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(g) The commission shall have all of the following powers:

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1. To promulgate uniform rules to facilitate and coordinate implementation 23and administration of this compact. The rules shall have the force and effect of law 24and shall be binding in all party states.

AB500,25,312. To bring and prosecute legal proceedings or actions in the name of the 2commission, provided that the standing of any licensing board to sue or be sued under 3applicable law shall not be affected.

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4. To borrow, accept, or contract for services of personnel, including, but not 6limited to, employees of a party state or nonprofit organizations.

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5. To cooperate with other organizations that administer state compacts 8related to the regulation of nursing, including but not limited to sharing 9administrative or staff expenses, office space, or other resources.

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6. To hire employees, elect or appoint officers, fix compensation, define duties, 11grant such individuals appropriate authority to carry out the purposes of this 12compact, and to establish the commission's personnel policies and programs relating 13to conflicts of interest, qualifications of personnel, and other related personnel 14matters.

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7. To accept any and all appropriate donations, grants and gifts of money, 16equipment, supplies, materials, and services, and to receive, utilize, and dispose of 17the same; provided that at all times the commission shall avoid any appearance of 18impropriety or conflict of interest.

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8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to 20own, hold, improve, or use, any property, whether real, personal, or mixed; provided 21that at all times the commission shall avoid any appearance of impropriety.

AB500,26,3112. To appoint committees, including advisory committees comprised of 2administrators, state nursing regulators, state legislators or their representatives, 3and consumer representatives, and other such interested persons.

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13. To provide and receive information from, and to cooperate with, law 5enforcement agencies.

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1. The commission shall pay, or provide for the payment of, the reasonable 12expenses of its establishment, organization, and ongoing activities.

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2. The commission may also levy on and collect an annual assessment from 14each party state to cover the cost of its operations, activities, and staff in its annual 15budget as approved each year. The aggregate annual assessment amount, if any, 16shall be allocated based upon a formula to be determined by the commission, which 17shall promulgate a rule that is binding upon all party states.

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3. The commission shall not incur obligations of any kind prior to securing the 19funds adequate to meet the same; nor shall the commission pledge the credit of any 20of the party states, except by, and with the authority of, such party state.

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4. The commission shall keep accurate accounts of all receipts and 22disbursements. The receipts and disbursements of the commission shall be subject 23to the audit and accounting procedures established under its bylaws. However, all 24receipts and disbursements of funds handled by the commission shall be audited 1yearly by a certified or licensed public accountant, and the report of the audit shall 2be included in and become part of the annual report of the commission.

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1. The administrators, officers, executive director, employees, and 5representatives of the commission shall be immune from suit and liability, either 6personally or in their official capacity, for any claim for damage to or loss of property 7or personal injury or other civil liability caused by or arising out of any actual or 8alleged act, error, or omission that occurred, or that the person against whom the 9claim is made had a reasonable basis for believing occurred, within the scope of 10commission employment, duties, or responsibilities; provided that nothing in this 11subdivision shall be construed to protect any such person from suit or liability for any 12damage, loss, injury, or liability caused by the intentional, willful, or wanton 13misconduct of that person.

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2. The commission shall defend any administrator, officer, executive director, 15employee, or representative of the commission in any civil action seeking to impose 16liability arising out of any actual or alleged act, error, or omission that occurred 17within the scope of commission employment, duties, or responsibilities, or that the 18person against whom the claim is made had a reasonable basis for believing occurred 19within the scope of commission employment, duties, or responsibilities; provided 20that nothing herein shall be construed to prohibit that person from retaining his or 21her own counsel; and provided further that the actual or alleged act, error, or 22omission did not result from that person's intentional, willful, or wanton misconduct.

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3. The commission shall indemnify and hold harmless any administrator, 24officer, executive director, employee, or representative of the commission for the 25amount of any settlement or judgment obtained against that person arising out of 1any actual or alleged act, error, or omission that occurred within the scope of 2commission employment, duties, or responsibilities, or that such person had a 3reasonable basis for believing occurred within the scope of commission employment, 4duties, or responsibilities, provided that the actual or alleged act, error, or omission 5did not result from the intentional, willful, or wanton misconduct of that person.

AB500,28,106(8)Article VIII — Rule making. (a) The commission shall exercise its 7rulemaking powers pursuant to the criteria set forth in this subsection and the rules 8adopted thereunder. Rules and amendments shall become binding as of the date 9specified in each rule or amendment and shall have the same force and effect as 10provisions of this compact.

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(b) Rules or amendments to the rules shall be adopted at a regular or special 12meeting of the commission.

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(c) Prior to promulgation and adoption of a final rule or rules by the 14commission, and at least sixty days in advance of the meeting at which the rule will 15be considered and voted upon, the commission shall file a notice of proposed 16rulemaking on all of the following: